Terms & Conditions

Last updated: October 16, 2025

Welcome to ConversAI Labs. By accessing or using our AI-powered voice agent platform (the "Service"), you agree to be bound by these Terms & Conditions (the "Agreement"). If you do not agree to these terms, please do not use our services.

1. Definitions & Service Description

1.1 Definitions

• "Service" means ConversAI Labs' AI-powered voice agent platform, including all software, APIs, integrations, and documentation
• "You" / "Customer" means the individual or entity that creates an account and subscribes to the Service
• "Content" means all data you upload, transmit, or create using the Service, including call recordings, transcripts, contact lists, and configurations
• "Permitted Users" means your employees, contractors, or agents authorized to use the Service under your account
• "Confidential Information" means non-public information disclosed by either party (see Section 9)
• "Subscription Period" means the term for which you subscribe (monthly or annual)

1.2 Service Description

ConversAI Labs provides an AI voice agent platform that enables businesses to automate customer communication, including lead qualification, appointment scheduling, call handling, and customer support across voice channels. The Service includes:

• AI voice agents with natural language processing
• Call recording, transcription, and analytics
• Integrations with CRM, telephony, and third-party services
• Web dashboard for configuration and insights
• API access (subject to plan limitations)

1.3 Service Availability

ConversAI Labs uses commercially reasonable efforts to maintain high Service availability. However, the Service is provided "as is" and we do not guarantee 100% uptime. See Section 8 for our Service Level Agreement.

1.4 Service Modifications

ConversAI Labs reserves the right to:

• (a) Modify, update, or discontinue any feature of the Service at any time without prior notice
• (b) Change APIs, integrations, or functionality to improve security, performance, or compliance
• (c) Deprecate features with 90 days' notice (when commercially reasonable)

Material Feature Removal: If we remove a core feature that was central to your subscription, you may cancel within 30 days and receive a pro-rated refund for the unused portion of your subscription.

No Liability: We are not liable for any losses resulting from service modifications, updates, or feature deprecations.

1.5 Beta Features & Experimental Functionality

We may offer certain features marked as "beta," "preview," "experimental," or "early access."

Beta Feature Terms:

• (a) Provided "AS IS" with NO warranties or SLAs
• (b) May be discontinued at any time without notice
• (c) May contain bugs, errors, or cause data loss
• (d) Should NOT be used for production/critical workloads
• (e) Feedback on beta features becomes ConversAI property

2. Free Trial & Evaluation Terms

2.1 Free Trial Offer

ConversAI Labs may offer new customers a free trial or evaluation period with the following terms:

• Duration: 50 free calls OR 14 days (whichever comes first)
• Features: Access to core platform features, subject to trial limitations
• No Payment Required: No credit card required for free trial (unless specified otherwise)
• Termination: We reserve the right to terminate free trials at any time for any reason, including suspected abuse or violation of these Terms

2.2 Conversion to Paid Subscription

• After the free trial expires, you must subscribe to a paid plan to continue using the Service
• Your data (call recordings, configurations, etc.) will be retained for 30 days after trial expiration
• If you do not subscribe within 30 days, your data will be permanently deleted

3. Account Registration & Team Accounts

3.1 Account Responsibility

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for ALL activity that occurs under your account, including actions by Permitted Users
• You must notify us immediately of any unauthorized use or security breach

3.2 Team Accounts & Permitted Users

• You may add Permitted Users to your account based on your subscription plan
• Each Permitted User must be a legitimate employee, contractor, or agent of your organization
• You may not share login credentials among multiple individuals
• Administrator Rights: Account administrators have full access to all data, settings, and billing for the account
• You are responsible for ensuring Permitted Users comply with this Agreement

3.3 Account Suspension

We reserve the right to suspend or terminate your account for any violation of these Terms, including non-payment, fraudulent activity, or misuse of the Service.

4. Customer Obligations & Legal Compliance (CRITICAL)

4.1 Call Recording Compliance (CRITICAL)

YOU ARE SOLELY RESPONSIBLE FOR:

• Obtaining Consent: Obtaining all required consents from call participants BEFORE recording any call
• State/Country Laws: Complying with federal, state, provincial, and international call recording laws, including:
  • Two-party consent states (CA, CT, FL, IL, MD, MA, MI, MT, NV, NH, PA, WA)
  • GDPR requirements for EU residents
  • POPIA (South Africa), PIPEDA (Canada), and other applicable laws
• Disclosure Requirements: Providing clear "this call is being recorded" notices at the beginning of calls
• Industry-Specific Regulations: Complying with HIPAA (healthcare), FCRA (credit reporting), TCPA (telemarketing), PCI-DSS (payment card data), and other industry-specific requirements

4.2 General Compliance

• You will use the Service only for lawful purposes and in accordance with all applicable laws and regulations
• You will comply with data protection laws (GDPR, CCPA, etc.) when processing personal data through the Service
• You will comply with anti-spam and telemarketing laws (CAN-SPAM, TCPA, CASL, etc.)
• You will not use the Service to violate anyone's privacy, intellectual property, or other rights

4.3 Content Responsibility

• You are solely responsible for the accuracy, quality, and legality of your Content
• You represent that you have all necessary rights, permissions, and consents to upload and process Content using the Service
• You will not upload Content containing viruses, malware, or malicious code

5. Prohibited Uses & Restrictions

5.1 You May NOT:

• Illegal Activities: Use the Service for illegal purposes, including fraud, scams, harassment, or violations of law
• Intellectual Property Infringement: Upload content that infringes copyrights, trademarks, patents, or trade secrets
• Reverse Engineering: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service
• Reselling/Transferring: Resell, sublicense, rent, lease, or transfer your account or the Service to any third party without our prior written consent
• Competitor Use: If you are a direct competitor of ConversAI Labs, you may not access the Service without our prior written authorization
• Benchmarking: Use the Service to develop competing products or publish comparative analyses without our consent
• Security Violations: Attempt to gain unauthorized access, bypass security measures, or disrupt the Service
• Excessive Use / Rate Limits: You may not:
  • Exceed 10,000 API calls per hour (unless on Enterprise plan)
  • Make more than 1,000 simultaneous calls
  • Send automated queries that degrade Service performance
  • Use scripts/bots to scrape data from the Service

  Rate Limit Enforcement: If you exceed rate limits: (a) Automatic throttling will occur, (b) Repeated violations may result in account suspension, (c) Enterprise customers can request higher limits. Good Faith Clause: We will not penalize reasonable spikes in usage during normal business operations. This clause targets abuse, not legitimate high-volume usage.

• Harmful Content: Upload content containing hate speech, violence, pornography, or malicious code

5.2 Consequences of Violations

Violation of these restrictions may result in immediate account suspension or termination, without refund. We reserve the right to report illegal activities to law enforcement authorities.

6. Subscription, Payments & Auto-Renewal

6.1 Subscription Plans

• Our Service is offered on a subscription basis (monthly or annual plans)
• Current pricing is available at conversailabs.com/pricing
• You agree to pay all applicable fees as per your selected plan

6.2 Auto-Renewal

• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel
• Cancellation Notice: To cancel, you must provide notice at least 30 days before the renewal date
• How to Cancel: Cancel via your account dashboard or email connect@conversailabs.com
• Renewal Pricing: Renewal will be at the then-current pricing (see Section 6.6 for price changes)

6.3 Payment Terms

• Payments are processed securely via Stripe (our third-party payment processor)
• All fees are due in advance for each billing period
• You authorize us to charge your payment method on file for recurring subscription fees
• Payment Failures: If a payment fails, we will retry up to 3 times. If payment remains unsuccessful, your account may be suspended

6.4 Late Payment & Collections

• Interest on Late Payments: Unpaid balances accrue interest at 1% per month (or the maximum rate permitted by law, whichever is lower)
• Collection Costs: You are responsible for all reasonable costs of collection, including attorney fees
• Service Suspension: We may suspend your account for non-payment after 7 days past due

6.5 Refund Policy

• Non-Refundable: All subscription fees are non-refundable, except:
  • (a) If ConversAI Labs breaches this Agreement and fails to cure within 30 days
  • (b) If required by applicable law (e.g., consumer protection regulations)
• No pro-rated refunds for mid-billing-period cancellations (your access continues until the end of the paid period)

6.6 Price Changes

• We may change subscription pricing upon 30 days' advance notice via email
• Price changes take effect at your next renewal date
• You may cancel before the renewal date if you do not agree to the new pricing

6.7 Taxes

• All fees are exclusive of taxes (GST, VAT, sales tax, etc.)
• You are responsible for all applicable taxes, except taxes based on ConversAI Labs' net income
• If required by law, we will collect applicable taxes and remit to tax authorities

7. Intellectual Property Ownership

7.1 ConversAI Labs' Ownership

• ConversAI Labs retains all rights, title, and interest in the Service, including all software, algorithms, AI models, branding, and documentation
• This Agreement does NOT transfer any intellectual property rights to you
• You receive only a limited, non-exclusive, non-transferable license to use the Service during your subscription

7.2 Your Content Ownership

• You Own Your Content: You retain all rights to your Content (call recordings, contact lists, configurations, etc.)
• License to Us: You grant ConversAI Labs a limited license to use your Content ONLY to:
  • (a) Provide the Service to you
  • (b) Maintain, troubleshoot, and improve the Service
  • (c) Comply with applicable laws
• This license terminates when you delete Content or close your account

7.3 Anonymized Data

• ConversAI Labs may use anonymized, aggregated data derived from Content to:
  • Improve AI models and platform features
  • Create industry benchmarks and insights
  • Publish research and whitepapers
• Anonymized data cannot be traced back to you or your customers
• We do NOT use your identifiable Content to train public AI models (e.g., ChatGPT)

7.4 Feedback & Suggestions

• If you provide feedback, feature requests, or suggestions, ConversAI Labs may use them without any obligation to compensate you
• You assign all rights in feedback to ConversAI Labs (to the extent permitted by law)

8. Service Level Agreement (SLA)

8.1 Uptime Commitment

• Target Uptime: ConversAI Labs targets 99.5% monthly uptime for the Service (excluding scheduled maintenance)
• Calculation: Uptime = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100
• Exclusions: The following are NOT counted as downtime:
  • Scheduled maintenance (see Section 8.2)
  • Outages caused by third-party services (Twilio, OpenAI, AWS, etc.)
  • Issues caused by your actions (misconfiguration, account suspension, etc.)
  • Force majeure events (see Section 17)

8.2 Scheduled Maintenance

We perform scheduled maintenance during the following windows:

• India Region: 12:00 AM - 4:00 AM IST (Tue/Thu preferred)
• US Region: 2:00 AM - 6:00 AM ET (Tue/Thu preferred)
• EU Region: 2:00 AM - 6:00 AM CET (Tue/Thu preferred)

Maintenance Terms:

• Maximum Scheduled Downtime: 4 hours per month
• Notice Period: Minimum 48 hours (via email + dashboard notification)
• Emergency Maintenance: May be performed without notice if required for security vulnerabilities or critical system failures

8.3 Service Credits (Enterprise Plans Only)

If monthly uptime falls below the target for Enterprise customers:

Note: Service credits must be requested within 30 days of the incident. Credits are applied to future invoices and are your sole remedy for SLA violations.

9. Confidentiality

9.1 Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party to the other, including:

• Business strategies, financial information, pricing, customer lists
• Technical data, source code, algorithms, trade secrets
• Product roadmaps, marketing plans, unpublished features
• Information marked "Confidential" or that a reasonable person would understand to be confidential

9.2 Obligations

Each party agrees to:

• Protect Confidential Information using the same degree of care used for its own confidential information (but no less than reasonable care)
• Use Confidential Information ONLY for purposes of this Agreement
• Limit disclosure to employees, contractors, or agents who have a legitimate "need to know"
• Require recipients to sign non-disclosure agreements
• Notify the disclosing party immediately upon discovery of any unauthorized disclosure

9.3 Exceptions

Confidential Information does NOT include information that:

• (a) Is publicly available through no fault of the receiving party
• (b) Was rightfully in the receiving party's possession before disclosure
• (c) Is independently developed without use of Confidential Information
• (d) Is rightfully obtained from a third party without confidentiality obligations
• (e) Must be disclosed pursuant to law or court order (with prior notice to the disclosing party if legally permitted)

9.4 Duration

Confidentiality obligations survive termination of this Agreement and continue for 3 years after disclosure.

10. Data Security Obligations

10.1 ConversAI Labs' Security Commitments

• We will maintain reasonable physical and technical safeguards to prevent unauthorized access to or disclosure of Content
• Safeguards include encryption (AES-256 at rest, TLS 1.3 in transit), access controls, firewalls, and intrusion detection
• We will notify you if we become aware of unauthorized access to your Content (within 72 hours per GDPR requirements)

10.2 Access Restrictions

ConversAI Labs will access, view, or process your Content ONLY:

• (a) As necessary to provide the Service
• (b) To troubleshoot technical issues (with your permission)
• (c) To prevent fraud, security threats, or abuse
• (d) To comply with legal obligations (see Privacy Policy Section 12)

11. Third-Party Services & Integrations

11.1 Third-Party Service Providers

The Service integrates with and relies on third-party services, including:

• Twilio: Telephony and SMS
• OpenAI / Anthropic: AI language models and speech processing
• Stripe: Payment processing
• AWS / Google Cloud: Cloud infrastructure
• CRM Integrations: Salesforce, HubSpot, etc. (if you connect them)

11.2 Your Compliance with Third-Party Terms

• You agree to comply with the terms of service and acceptable use policies of all third-party services you use through our platform
• Violations of third-party terms may result in suspension of your account or specific features

11.3 Third-Party Disclaimers

• No Control: ConversAI Labs has no control over third-party services and is not responsible for their availability, performance, or changes
• No Liability: We are not liable for any termination, suspension, or service disruptions resulting from third-party provider actions
• Links: The Service may contain links to third-party websites. We are not responsible for their content or privacy practices

12. Termination & Suspension

12.1 Termination by You

• You may cancel your subscription at any time via your account dashboard or by emailing connect@conversailabs.com
• Cancellation takes effect at the end of your current billing period (no refunds for unused time)
• You may continue using the Service until the end of the paid period

12.2 Termination by ConversAI Labs

We may terminate or suspend your account immediately if:

• (a) You breach this Agreement (including non-payment)
• (b) You engage in illegal activities or violate applicable laws
• (c) You violate usage restrictions (see Section 5)
• (d) Your account poses a security risk to the Service or other users
• (e) Required by law or court order

12.3 Cure Period for Breach

• For non-material breaches (excluding payment failures and security violations), we will provide 30 days' written notice and an opportunity to cure
• If you fail to cure within 30 days, we may terminate immediately
• Material breaches (fraud, illegal activity, security violations) may result in immediate termination without notice

12.4 Effect of Termination

• Access Ceases: Upon termination, your access to the Service terminates immediately
• Data Retention: Your Content will be available for download for 30 days after termination
• Data Deletion: After 30 days, we will permanently delete your Content (unless legally required to retain it)
• No Refunds: No refunds for unused subscription time, except as required by law

12.5 Survival

The following provisions survive termination or expiration of this Agreement:

• ✅ Section 4 (Customer Obligations & Compliance)
• ✅ Section 6.4 (Late Payment & Collections)
• ✅ Section 7 (Intellectual Property Ownership)
• ✅ Section 9 (Confidentiality)
• ✅ Section 13 (Limitation of Liability)
• ✅ Section 14 (Indemnification)
• ✅ Section 15 (Warranty Disclaimer)
• ✅ Section 18 (Governing Law & Jurisdiction)
• ✅ Section 19 (Entire Agreement)
• ✅ This Section 12.5 (Survival)

Payment Obligations: You remain obligated to pay all fees accrued before termination, plus any collection costs, interest, or penalties arising from non-payment.

12.6 Account Reactivation

If you cancel and wish to reactivate:

Within 30 Days of Cancellation:

• Your data is available for restore
• Reactivate via dashboard or contact support
• No additional fees (just resume subscription)

After 30 Days:

• Your data has been permanently deleted
• You must create a new account
• Previous configurations/agents are lost
• Cannot reactivate old account

Suspended Accounts (Non-Payment):

• Pay all outstanding balances + late fees
• Account reactivated within 24 hours of payment
• Data preserved during suspension (up to 90 days)
• After 90 days, data may be deleted

13. Limitation of Liability

13.2 Cap on Direct Damages

ConversAI Labs' total aggregate liability for all claims arising from or related to this Agreement (including all claims for direct damages) shall not exceed the total fees you paid to ConversAI Labs in the 12 months preceding the claim.

13.3 Exclusions from Liability Cap

The liability cap in Section 13.2 does NOT apply to:

• (a) Your indemnification obligations (see Section 14)
• (b) Your payment obligations (subscription fees, late fees, etc.)
• (c) Your breach of confidentiality obligations (Section 9)
• (d) Gross negligence or willful misconduct by ConversAI Labs
• (e) Liabilities that cannot be limited by law (e.g., personal injury, death)

13.4 Essential Purpose

The limitations in this Section 13 are fundamental elements of the agreement between you and ConversAI Labs. The Service would not be provided at the current pricing without these limitations.

13.5 Time Limit for Claims

Any claim or cause of action arising from or related to this Agreement or your use of the Service must be filed within ONE (1) YEAR after the claim arose, or it will be permanently barred, regardless of any statute of limitations to the contrary.

This limitation period applies to claims of any kind, whether based in contract, tort, statute, or any other legal theory.

14. Indemnification (CRITICAL)

14.1 ConversAI Labs' Indemnification to You

ConversAI Labs will defend, indemnify, and hold you harmless from third-party claims that:

• The Service infringes or misappropriates a third party's intellectual property rights (patent, copyright, trademark, or trade secret)

Conditions: (a) You notify us promptly in writing, (b) you grant us sole control of the defense and settlement, (c) you provide reasonable cooperation. This indemnification does NOT apply if the infringement results from your modifications or use outside the scope of this Agreement.

14.2 Your Indemnification to ConversAI Labs (CRITICAL)

You agree to defend, indemnify, and hold ConversAI Labs harmless from all third-party claims arising from:

⚠️ This means: If you record a call illegally and get sued for wiretapping, YOU pay all legal fees, settlements, and damages. ConversAI Labs will not cover these costs.

14.3 Indemnification Procedure

For all indemnification obligations:

• The indemnified party must notify the indemnifying party promptly in writing
• The indemnifying party has sole control of the defense and settlement (but may not settle in a way that admits fault by the indemnified party or imposes obligations on them without consent)
• The indemnified party will provide reasonable cooperation
• The indemnified party may participate in the defense at its own expense

15. Warranty Disclaimer

AI Accuracy Disclaimer: Our AI voice agents use machine learning models that may produce inaccurate, incomplete, or inappropriate responses. You are responsible for reviewing and validating AI outputs before relying on them for business decisions.

16. Data Processing Agreement (DPA)

16.1 Incorporation by Reference

The terms of ConversAI Labs' Data Processing Agreement (DPA) are incorporated by reference into this Agreement and apply to the processing of personal information that is part of your Content.

16.2 Roles

• Data Controller: You are the Data Controller (as defined under GDPR) for personal data of your customers/end-users processed through the Service
• Data Processor: ConversAI Labs acts as a Data Processor, processing personal data only on your documented instructions

16.3 Data Processing Terms

• ConversAI Labs will process personal data only as necessary to provide the Service and as instructed by you
• We will implement appropriate technical and organizational measures to protect personal data
• We will assist you with data subject requests (access, deletion, portability) to the extent required by law
• We will notify you of data breaches within 72 hours (see Privacy Policy Section 9)

16.4 Sub-Processors

You authorize ConversAI Labs to use sub-processors (Twilio, OpenAI, AWS, etc.) listed in our Privacy Policy Section 4. We will notify you of changes to sub-processors with 30 days' notice.

16.5 Full DPA

For the complete Data Processing Agreement (including Standard Contractual Clauses for EU data transfers), contact dpo@conversailabs.com.

17. Force Majeure

Neither party will be deemed in breach of this Agreement for failures or delays caused by events beyond reasonable control, including:

• Acts of God, natural disasters (earthquakes, floods, hurricanes)
• War, terrorism, civil unrest, riots
• Pandemics, epidemics, government lockdowns
• Internet infrastructure failures, ISP outages
• Power outages, data center failures (beyond our hosting provider's SLA)
• Labor strikes affecting third-party service providers
• Changes in law or government regulation

Notification & Remedies: The affected party must notify the other party promptly. If force majeure lasts more than 30 days, either party may terminate without penalty.

18. Governing Law & Jurisdiction

18.1 Governing Law

This Agreement will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

18.2 Exclusive Jurisdiction

You and ConversAI Labs consent to the exclusive jurisdiction and venue of the courts located in Ghaziabad, Uttar Pradesh, India for any disputes arising from this Agreement.

18.3 Arbitration (Optional)

By mutual written agreement, the parties may submit disputes to binding arbitration under the rules of the Indian Council of Arbitration, with one arbitrator, conducted in English in Ghaziabad, Uttar Pradesh, India.

18.4 Class Action Waiver (Optional - Consult Legal Counsel)

To the fullest extent permitted by law, you agree that:

• (a) Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action
• (b) You waive your right to participate in a class action lawsuit or class-wide arbitration
• (c) If this waiver is found unenforceable, the arbitration agreement in Section 18.3 is void

19. Entire Agreement

19.1 Complete Agreement

This Agreement, together with your Order Form (if applicable), our Privacy Policy, and the Data Processing Agreement (DPA), constitute the entire agreement between you and ConversAI Labs regarding the Service. This Agreement supersedes all prior or contemporaneous agreements, proposals, representations, or communications (oral or written).

19.2 No Reliance on Sales Statements

⚠️ You specifically confirm that you have NOT relied on any oral or written public comments made by ConversAI Labs (including sales representatives, marketing materials, blog posts, or social media) regarding future functionality, features, or roadmap. Only features currently available in the Service are guaranteed.

19.3 Modifications

• ConversAI Labs may modify this Agreement at any time by posting an updated version on our website
• We will notify you of material changes via email at least 30 days before they take effect
• Your continued use of the Service after changes take effect constitutes acceptance of the modified terms
• If you do not agree to the changes, you may cancel your subscription (Section 12.1)

20. General Provisions

20.1 Assignment & Transfer

• You may NOT assign, transfer, or delegate this Agreement or your account without ConversAI Labs' prior written consent
• ConversAI Labs may assign this Agreement to a successor of all or substantially all of its business or assets (by merger, acquisition, or otherwise) without your consent
• Any attempted assignment in violation of this section is void

20.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the parties' intent.

20.3 Waiver

No waiver of any term or condition will be effective unless in writing signed by ConversAI Labs. A waiver in one instance does not constitute a waiver in future instances.

20.4 Notices

• To You: ConversAI Labs may provide notices via email to your registered account email, via the Service dashboard, or by posting on our website
• To Us: You must send legal notices to legal@conversailabs.com with a copy to connect@conversailabs.com

20.5 Independent Contractors

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

20.6 Export Control

You will comply with all applicable export control laws and regulations. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country.

20.7 Government Use

If you are a government entity, the Service is "commercial computer software" and "commercial computer software documentation" as defined in applicable acquisition regulations. Your rights are limited to those expressly granted in this Agreement.

20.8 Language

This Agreement is executed in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

21. Contact Us

For questions about these Terms & Conditions, please contact:

Last updated: October 16, 2025